Banning Personal Injury Lawyer
Walter Clark Legal Group is your trusted advocate for injury cases. Our team of dedicated attorneys understands the physical, emotional, and financial toll an accident could have on your life and aims to provide high-quality support when you most need it.
When you have suffered an injury in a car accident, slip and fall incident, or workplace mishap, our team of experienced Banning personal injury lawyers is here to help you navigate the legal process and fight for the compensation you deserve.
Common Personal Injury Cases
Personal injury law includes cases where an individual experiences physical, emotional, or psychological harm due to someone else’s negligent actions. It is a branch of civil law that covers a variety of incidents, including:
- Boat accidents
- Car and truck accidents
- Dog bites
- Medical malpractice
- Pedestrian accidents
- Slip and falls
When an injured person and their Banning attorney successfully prove their personal injury case, they may be entitled to compensation through settlement negotiations with insurance companies or by pursuing a lawsuit in civil court.
Establishing Liability in a Personal Injury Case
A person may find understanding the claims process after a personal injury overwhelming, especially when dealing with the physical and emotional aftermath of an accident. Fortunately, a personal injury lawyer in Banning may take the reins and navigate the process.
An attorney starts with a thorough investigation to gather evidence and build a strong foundation for a successful injury case. An experienced legal team could work to obtain police reports, witness statements, and medical records that help establish who is at fault for an accident. Establishing liability requires the injured person and their legal representative to prove four key elements:
- The defendant owed the injured person a duty of care
- The defendant breached that duty of care
- There is a direct link between the defendant’s breach of duty and the injuries
- The injured person experienced damages, both economic and non-economic
Once legal counsel has established liability, they calculate damages and send a formal demand letter for compensation.
Personal Injury Compensation Types
In a personal injury case, a person may be entitled to various types of compensation, also referred to as damages. Common types of compensation associated with injury cases include:
- Economic damages, such as out-of-pocket medical expenses, medication, therapy, lost wages, and ambulance fees
- Non-economic damages, such as emotional distress, loss of consortium, physical pain, and discomfort
- Punitive damages, which punish the defendant for gross negligence or willful malice
The types and amounts of compensation available vary depending on factors such as the jurisdiction, the specific laws applicable to the case, the severity of the injuries, and the strength of the evidence presented. For example, unlike other states, California does not cap punitive damages, meaning a personal injury attorney in Banning could secure more reparations.
Negotiation and Settlement
After delivering a formal complaint, an experienced personal injury lawyer in Banning may negotiate with insurance companies or opposing parties to seek a fair settlement. Working with an attorney could mean the difference between fair negotiation and intimidation schemes, as insurance companies often use tactics to devalue claims.
Most compensation claims end in settlement. However, when the negotiation and settlement phase fail, the claim may proceed to the courtroom. For this reason, an injured person should look for a lawyer with relevant experience litigating on behalf of their clients.
Statute of Limitations
The personal injury claims process is under a strict time limit. California statute of limitations sets the legal deadline for filing a lawsuit after an injury at two years. Individuals filing a claim must do so within two years of discovering the injury. Two years is a deceptively short time, so a person should contact a legal representative as soon as possible.
Contact Us To Hire a Banning Personal Injury Attorney Today
An experienced Banning personal injury lawyer could stand with you and defend your rights in every phase of the claim process. Do not allow insurance companies and their lawyers to intimidate you into accepting a lower settlement than you deserve. Contact Walter Clark Legal Group today to discuss your case and available options.